I just returned from my monthly visit to the doctor, and subsequently a visit to the pharmacy. Nothing unusual with my medications—they have been stabilized for several months. Yet this time the pharmacy could not provide my customary refills. My Medicaid will not pay for them. Not this time.Together the whole lot of medications costs just less than $900. Nine hundred dollars that I don't have, and nine hundred dollars that I have no way of getting. I have no other benefits, no Social Security checks to count on; no disability payments to pull together; no Medicare to meet me when the bottom falls out, again.
This surely is not the first time my Medicaid has not come through as a reliable source of payment. It is not even the second or third time. It's more like the eight or ninth, maybe more often than that. I only recently qualified for Medicaid some eight months ago! Since then, I have already acquired several thousand dollars in unpaid medical expenses that have made their way to collection agencies.
I constantly ask myself why does this happen to me? Am I part of some diabolical scheme to do away with public health efforts? Silence the noisemaker! Or is it just a coincidence that I spent three years in a doctoral program studying health law and policy specific to mental health and Medicaid. Don't they know how much more it hurts me to know exactly which systemic cracks I am falling through? Why have I encountered so many random barriers to health care in addition to those obstacles strategically placed in the system? We all know them: the endless forms, the incompetent employees, the negligence that already works to deter consumers such as myself from using the public health programs to which we are entitled. Yes, entitled. Medicaid is in fact an entitlement program no matter what they would have us believe.
Don't they know who I am? Who I could be? Who I might be if only my mental health and medications would remain stable? If only my health could be stabilized, I could live the rest of my life in rhythm without having my peace of mind tampered with by bureaucratic negligence and oversight. Without having my benefits tampered with by bureaucratic negligence and oversight! I could be a real noisemaker, if only…
Unfortunately, no one in the Medicaid office knows who I am. I remain a faceless, quantifiable case number who means nothing to them. And I am not alone. But I need your help. Together we can fight to change Medicaid prescription limits and managed care formularies. I am not alone. Let your voice be heard.
Wednesday, February 16, 2011
NYCVoices Article: Prescription for Disaster: A Medicaid Malady || Elyssa D. Durant, Ed.M.
Barbara Ehrenreich Forum || Contributor: Elyssa Durant, Ed.M.
Today I was finally able to submit the appeal I have waited over three years to submit. And it is just an APPEAL! Not even a decision. Not a win, but also not a loss.The APPEAL has given me the strength to keep going. In part because it shows that I haven't lost and in part because it means that somebody actually listening.
So listen carefully, my friends. It was not too long ago that I had almost everything a young person needs to succeed in this world.
Or maybe not.
As for my most current insurance dispute... I feel that I have done everything humanly possible to be sympathetic towards health care provider who is NOT providing care. I cannot sacrifice my own well being for every bright eyed bushy tailed wanna be who is too stupid to see that I am far from.
I had such a battle this week. It culminated in the end like every other battle I have taken on. I only won because ultimately but we are all losing.
For every underqualifed, health care provider who has NOT provided the adequate, there are many more like me. Alienated just enough to give up on fashion, etiquette and social norms, but not enough to walk from it all.
We are keeping watch. We are taking names, and I for one do not give a rat's ass about "keeping the peace."
Having been on both sides if the proverbial couch, I have the perspective is both enlightening and scary at the same time.
I look back and want to say shout "told you so" from the nearest roof top.Crazy is crazy does... out loud. I may be enjoying this just a little too much.
Sometimes I try to look at this fight, (I meant to say this life) objectively.
I can see my own future, and I can see where it is taking me. I know how it will end it I don't keep up the pace.
It is amazing at how far we will go to have nothing at all.
I have come this far, and on some level I almost enjoy the dance. No. On some level, I actually love the dance.
No. I won't give up now. Because without this turmoil, this means to an end, this demonstration project of futility and determination, and without it, I am nothing at all. I can't lose what I never had. I wont be another sell-out-- mostly because I don't know how.
I am then the voice of perseverance. I am one voice of perseverance. I am one of 47 million Americans. And today I am I am still fighting the good fight.
This battle; this challenge; this half won war this fight has come to define me. And without that, I am not really much of anything at all...
As someone once told me, if you dont stand for something, you will fall for anything. I've already fallen, but I sure as **** stand for something.
"... so for now, I write. Maybe later listen. And if there is any justice left in this world, maybe someday, I'll actually live. "
Good night, folks. It is time for that break.
Elyssa Durant
Nashville, Tennessee
I lost the appeal.
Barbara Ehrenreich: Bait & Switch || Contributor: Elyssa Durant, Ed.M.
Morally Bankrupt: How Much Am I Worth?Last year, it was the election commission... this time it was the Board of Ed who failed to secure the personal information, social security numbers, and financial data of local students and employees.
The Tennessean openly discusses the salary of Metro teachers in the The Tennessean. The reporter makes it sound like she has uncovered some profound secret: Teachers are underpaid. No ****?
The papers seem to gloss over the magnitude if the situation of teacher pay and mobility within Metro Nashville. I wasted a ton of money at Vanderbilt and almost as much in the Ivy League. By investing in a useless program and a worthless degree, I am the first to admit I have made some bad choices, but now I am asking for some advice.
I CAN'T FIND A JOB!
I cannot afford to complete the application, or find transportation to get to an interview.
I am beyond broke. I am so far in debt that I do not even bother to open my mail since it consists only negative balances, bank statements, and letters from collection agencies and the Department of Education.
When I found out that someone recently used my social security number to open an account in Jersey City, I was thrilled at the prospect that my credit score might actually go up!
I never dreamed that I would have to apply for a social services grant simply to find a job. I never thought about fees for fingerprinting, TB tests, official transcripts, examination fees, processing fees necessary to apply a position that really only requires a GED.
As an employee of the Metro Nashville Public Schools, I work part-time as an educator at the "Masters + 30" salary level. I earn $10.46 / hour, before taxes without benefits.
That does not go far, and they are currently eliminating employees, so any chance of a raise or future opportunities for advancement seem unlikely during these tough economic times.
I cannot afford additional application fees or costs associated with the Alternative Certification options, and I certainly do not have the resources required to obtain another undergraduate degree just so I can bypass the 6 months of student teach necessary for Metro to deem me qualified to teach Head Start, pre-k or even adult literacy programs.
The bottom line is this: regardless of good intentions or misguided mentoring, I am a financial burden to you all. I pay taxes out of your taxes. I am absolutely convinced that there must be a better way to live than relying upon government subsidies to keep a roof over my head and Ramen noodles in my tummy.
There is a plethora of young, talented individuals like myself who would be more than willing to work for MNPS or any other company if we could simply access the resources necessary to complete the application. We all know that teacher salary is ridiculous to begin with, so no kudos to the reporter at the Tennessean for pointing out the obvious.
This is the reality I live in. This is poverty. This is why I am hoping that someone out there knows someone or some way that I can contribute more to society than what I am taking. I am a leach on society. I will continue to be a leach on society.
Relying upon the "welfare" of others is a terrible way to live especially when you have something to give back.
People used to laugh when I would inquire about transportation funds, internet access grants or assisted technology funds and resources...
Surely, the AT&T cable bill could have included a measure to assist the disabled and economically challenged members of our community free or discounted online internet service. Certainly one of these big companies coming to Tennessee can help by hiring just one over educated, underemployed, and dedicated employee.
I live so far beneath the poverty line that I am willing to work for the necessities in life that I simply cannot afford such as toothpaste and internet access. I cannot afford the application fees Metro charges for new or returning applicants. I'm not eligible for community training programs or work force development... there are no grant based training programs for people who just made a few bad, BAD investments along the way-- say, for example, a college degree?
I am not too proud to beg for a job or take some free advice if it will help me to get from here to there. I need someone, anyone, willing to give me a chance to prove myself. I need someone to invest in me!
I believe I deserve more out of life than this, and I think that if you knew me, you would think so too. Help become the person I was meant to be. Try to the see the person I could become.
I have so much to contribute, but few resources get there. All I want is a chance. All I need is a mentor. Will someone please take the time to invest in me?
Elyssa Durant, Ed.M.
Nashville, Tennessee
E-mail: ed70@columbia.edu
Friday, January 28, 2011
Reality Bytes: Social Security Fraud: Abuse of Process or Abuse of Power?
Social Security Fraud: Abuse of Process or Abuse of Power?
Offering the American people and popultations at risk a false sense of security is unfair and unjust. I would rather have nothingat all than false expectations and disappointment in a social "security" system that has repeatedly failed society's most vulnerable populations.
The bottom line is this, we can pass laws, we can file injunctive orders of relief, waivers for this and for that or pass symbolic legislation to spew a false sense of hope... but if the pattern of "reform" mimics that of recent state efforts, the implementation of the new healthcare program is going to be a freaking disaster!
Public programs that fall short if their promise to assist those in crisis. Unless we demand accountability from state and federal agencies (1) demanding a timely response; (2) create and external entity to do an independent audit to ensure compliance, (3) enforce those laws through whatever means necessary; we have no recourse. Welcome to my world...
Labels: COINTELPRO, Community Apathy, Fraud
http://darknightdurant.blogspot.com/2010/11/social-security-fraud-abuse-of-pr...
Thursday, January 27, 2011
ACCESS DENIED: Whistleblowers Guide
ACCESS DENIED For Reasons of National Security
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With their lives and liberty on the line, TRANCE was hurriedly condensed from courtroom testimony into a book form and privately published by the authors in September 1995.
ACCESS DENIED For Reasons of National Security is the rest of their true life's story, which required 16 years for the authors to survive and 3 years for them to write. This book is an amazing testament to the strength of the human spirit and one you will never forget for as long as your thoughts remain free.
While TRANCE has become known worldwide in many licensed translations as one of the most successful US government whistleblowers' book ever written, it was never intended for the public who had no reference for understanding mind control nor was it to be considered a book. Rather it is what it is, a true and to date uncontested document for the US Congressional Permanent Select Committee on Intelligence Oversight. TRANCE is Cathy O'Brien's documented testimony she provided to US courts, US Congress, and the United Nations Commission on Human Rights Abuses of her existence as a CIA MK-Ultra mind control project's slave.
ACCESS DENIED is a real book of answers, solutions and positive hope for all of u.s. and our allies around the world. This book was written for everyone and especially for the thousands who have read TRANCE and were left to imagine pertinent details that could not be included.
How did Cathy recover from being tortured "out of her mind" until age 30 when intelligence insider Mark Phillips triggered and rescued her and her daughter Kelly away from their CIA operative handler?
What are the documented details of how Mark & Cathy survived the state and federal and Congressional judicial gristmill aptly called the criminal justice system?
Last but not least, what are the facts as to how Mark & Cathy were able to survive long enough to globally expose the criminal acts of some of the most politically powerful people who are still in control our planet to this very day?
ACCESS DENIED is a whistleblowers' living guide to success.
Wednesday, January 26, 2011
The Powers That Beat: I CALL FOUL: Online Health Insurance Quotes Ma-- CEASE & DESIST
I CALL FOUL: Online Health Insurance Quotes Ma
Online Health Insurance Quotes Ma
This is Google's cache of http://onlinehealthinsurancequotesma.com/. It is a snapshot of the page as it appeared on Jun 3, 2010 00:31:33 GMT. The current page could have changed in the meantime. Learn more
Online Health Insurance Quotes Ma
Top Companies Compete For Your Business
Thursday, March 25th, 2010 at 3:25 amUnderwriting the Social Contract: Distributive Justice & Health Care ReformThe Predicament Statement
As health care costs climbed exponentially in the 1980’s, so did the cost of health insurance plans. As a result, employers began to enroll their employees in managed care organizations, and many Americans were forced to leave their worn indemnity type plans. With the advent of the health maintenance organization, there is a financial incentive for the underutilization of care. (Blumstein, 1996; Davis & Shoen, 1996).
In order to reduce financial risk, health insurance companies have restricted enrollment to individuals in terrible health. By covering the minimal standards of treatment and excluding high risk groups altogether, major US insurance companies have realized that the health insurance market can a be an extremely profitable industry. The public sector absorbs the cost of unreimbursed care for chronic care in America (Robert Wood Johnson Foundation, 1996). Based upon these findings, it seems clear that the money being removed from the health care marketplace is fattening the pockets of CEOs and majority stockholders.
Recent trends towards localized government leaves individuals without a financial safety score. This is the least efficient manner to handle health care costs, and evades the premise that medical care is a natural right in a civilized society. Few Americans feel catch within the current system. The rising costs of medical care contributed to the recent market changes in both the administration and delivery of health services. The financial incentive to cover only the healthiest individuals ignores the fact that medical care is a social satisfactory.
Health Insurance Portability Act of 1996
Two years after the Clinton Health Plan was defeated in Congress, Senator Ted Kennedy and Nancy Kassebaum introduced the Kennedy-Kassebaum Bill in response to growing concerns about selective enrollment procedures feeble by health insurance companies in the private sector. In the final version of the Bill, insurance companies must limit preexisting condition clauses to twelve months. It has been estimated that this provision of the Bill will help an estimated 150,000 Americans net health insurance coverage.
There are many levels of the underinsured, including those without any coverage; effective policy must address the needs of the total population without shifting costs from one disadvantaged person to another. Kennedy-Kassebaum fails to address the cost issue—the primary concern for those at risk for losing their health insurance. It does nothing to help the uninsured acquire a decent health policy, and then provides no solution to the distinguished issue at hand— cost
Since Kennedy-Kassebaum does nothing to control the cost of health insurance and medical care in America, the Bill fails to reply to the issue of greatest effort to the citizens of this country: the cost of medical care. The Bill looks towards the states to develop consumer protections and weakens the regulatory role of the federal government. The majority of the American public is unaware of the fancy footwork enthusiastic with this legislation, and the demographics of the population it is intended to protect. In order to assess the utility of this Bill, it is critical to identify the populations at risk for loosing health insurance coverage and the underinsured.
Kassebaum-Kennedy focuses on a slim portion of the uninsured population, and those who would be eligible for COBRA continuation (Consolidated Omnibus Reconciliation Act of 1974). Of the 41 million uninsured Americans, only about 150,000 are expected to serve from this legislation. The Health Insurance Portability and Accountability Act of 1996 is really nothing more than smoke and mirrors since it fails to address the true issue at hand—the simple fact that the cost of quality health care in America is becoming a privilege that only the wealthy can afford.
The Cost of Care for Pre-existing Conditions
An individual with high blood pressure may just require prescription medication. Cancer patients in remission may require chemotherapy, and a person suffering with a degenerative disease may be involved in treatment studies. Each condition requires individualized treatment that cannot be based upon the simple economic/cost-benefit analysis used in the utilization review process by big insurance companies. Clearly, the most effective treatment for one patient may not be the best for another. The time required for utilization review may present additional health risks and complications to a patient suffering from a chronic health condition.
Twelve months without insurance coverage may be financially devastating to some patients, and 63% of Americans have already forgone some type of medical treatment within the last year due to financial constraints. Publicity surrounding Kennedy-Kassebaum has hailed the bill as the “be all and end all in progressive legislation, however, in actuality it will only assist about 150,000 people.
Recent studies have found that the majority of the uninsured population simply cannot afford to pay the premiums (Donelan et. al., 1996; Hoffman & Rice, 1996). According to their data, only 1% of the Uninsured population is due to current health status and exclusionary preexisting clauses, yet an overwhelming number of insured respondents reported an inability to receive medical care for chronic conditions. The majority of Americans with chronic illness are covered by some type of insurance, yet they are still subject to the utilization review process and access problems that deny or delay medically necessary treatment (Donelan, et. al., Hoffman & Rice, 1996).
Underwriting the Solidarity Principle
Traditional forms of insurance underwriting required that the contract explicitly site which illness or services are not covered by the policy, in advance. If the underwriter did not specifically state a certain condition in the contract, the insurer was held to the terms of the contract and required to pay for services utilized by the policyholder (Stone, 1994, as cited in Durant, 1996).
Increasing numbers of for-profit and non-profit insurance companies began to control costs by refusing to insure individuals who they felt would utilize more services. Insurers began to require health survey status questionnaires (refer to attachment A), and even began implementing AIDS and genetic testing to identify high-risk individuals (Brunetta, as cited in Gutmann & Thompson, 1996). In the 1980s, large insurance companies began including sexual orientation as a high-risk category, by using actuarial sound criteria. Such criteria concluded that gay men were a higher risk for contracting AIDS virus and refused to write policies for anyone believed to be homosexual, (Stone, 1994 as cited in Durant, 1996).
By limiting enrollment to the healthiest members of society, selective enrollment undermines the solidarity principle of health insurance (Davis & Shoen, 1996; Snow, 1996; Stone, 1994). By eliminating those who were suspect of using more services than their healthier counterparts use, insurance companies are able to offer rock bottom prices for young, healthy individuals. By excluding preexisting conditions and requiring certain individuals to purchase high-risk policies, the number of uninsured and underinsured Americans continues to grow exponentially (Durant, 1996).
More individuals are choosing not to purchase insurance simply because they cannot afford it. Even among those with employer based health coverage, the policies frequently exclude coverage for long-term illness or care of chronic conditions (MSNBC News Forum, 1996). Without a standard definition of preexisting conditions, these clauses serve as “wildcards” since they allow insurers to deny coverage for any illness that “manifested itself before the issuing date of the policy (Stone, 1994 as cited in Durant, 1996).
This statement allows insurers to deny treatment for benefits and services for the policyholder for undiagnosed illnesses or conditions of which they were unaware. As a result, the insurers began to demand medical histories of applicants and their families in order to identify high risk individuals (please refer to attachment A).
Legitimacy of Distributive Justice
While there is a legitimate role of government to distribute scarce resources among the nation’s neediest individuals, sadly this is not the cause for the mismanagement of medical dollars in the United States today. There is a big distinction between an individual being denied prescription medication at their local pharmacy due to a cost-effective formulary developed by their Managed Care Organizations (MCOs), than an individual being denied a liver transplant because healthy livers are a scarce resource. While both may have equally devastating consequences, it is more difficult to rationalize a lost life based upon rigid cost benefit analysis and utilization decisions made according to formulas and cost-benefit analysis of treatment protocols.
“The political controversy over the distribution of health care in the United States is an instructive problem in distributive justice. Good health is care is necessary for pursuing most other things in life. Yet equal access to health care would require the government to not only redistribute resources from the rich, healthy to the poor, and infirm, but also restrict the freedom of doctors and other health care providers. Such redistributions may be warranted, but to what level, and to what extent? ” Gutmann & Thompson (Page 178).
Blendon and his colleagues have reported similar findings in public understanding polls from 1992 and 1994 (Blendon et. al., 1992; Blendon et. al., 1994). A recent study by the American Medical Association found cost to be of paramount concern to an overwhelming number of Americans (Donelan et. aI., 1996). Of the 40 million uninsured Americans, only 1% attributes their failure to acquire health insurance coverage to their preexisting conditions. Among the uninsured, cost is cited as the primary obstacle in obtaining health insurance coverage. Only 1% of the uninsured attributes their lack of coverage to a preexisting condition.Based upon these democratic principles of distributive justice, consistent opinion polls demonstrate the legitimate role and public desire for government regulation of the health care industry. It has become determined that the federal government must intervene in order to protect natural law rights, the social contract, and the Constitution of the United States. Regulation is needed to protect the individual freedoms, liberty, and the pursuit of “health, happiness, and the American Dream.”
If America is to be the “Land of Opportunity,” then clearly individual health and wellness should be an ideal to reach for. Current models of distributive justice emphasize public consensus as a legitimate role for government intervention. According to a number of studies by Blendon and his colleagues, the public has reported an overwhelming general anxiety about health care in this country, (1992, 1993, 1994, 1995, 1996).
State civil courts are backed up with cases where HMOs have violated the First Amendment (gag orders), the Fourteenth Amendment (due process), and the rights of protected classes under the Americans with Disabilities Act. Countless examples of “anecdotal” evidence appear as headlines everyday across the country. (New York Times, 1996; The New York Daily News, 1996; Long Island Newsday, 1996; LA Times, 1996; Picayne Times, 1996; Columbia Spectator, 1996; Columbia University Record, 1996; US News & World Reports, 1996; Newsweek 1996; Healthline, 1996; The Tennessean, 1996; The Albany Times, 1996; The Nashville Scene, 1996). In their entirety, these case reports represent the human tragedy that lies beneath the web of the very worst of American capitalism: corporate greed.
Identifying Populations At-Risk
A study by The Lewison Group in 1996 reveals insight into the private individual health insurance market. Clearly, individuals choosing to purchase health insurance policies for several hundred dollars each month ask their health care needs and expenditures to exceed that amount Regardless of health status, a young healthy 25 year passe who purchases an individual health insurance policy can expect to pay well over $300.00 monthly for a health insurance policy with Empire Blue Shield Blue Rotten (based upon 1996 rates, current rates available from the Unusual York State Insurance Department).
Since individual policies are not addressed in the Health Insurance Portability and Accountability Act of 1996 (HIPA), an individual policy with Blue Gross Blue Shield of Tennessee excludes preexisting conditions for 24 months (enrollment booklet available upon request). The critical markets in need of reform are the adversely selected individual insurance market, and the state’s most vulnerable populations: children; the elderly; the chronically ill; the uninsured; and the underinsured.
For the millions of individuals who have lost their employer based coverage, the cost of private health insurance is prohibitively expensive. Many individuals opt out of the individual market and apply for public assistance when the need arises. Those who have retained their health insurance coverage through their employers are being moved into managed care despite their efforts to retain their indemnity style plans (Davis & Shoen, 1996; The Lewison Group, 1996).
Access to Medical Care
As routine practice, HMOs deny or delay care for all services that are not outright medically necessary. Growing numbers of individuals have suffered irreparable hurt, and many have died awaiting approval from their HMO’s (The Unique York Times, 1996; Long Island Newsday, 1996; The Tennessean, 1996; Healthline, 1996). It is hardly a secret that HMOs have fallen short of their promise to provide comprehensive health care for the “whole” individual by emphasizing preventative medicine, using medical management to coordinate care. There is substantial evidence that individuals with chronic conditions receive substandard care in HMOs.
A four-year longitudinal scrutinize of medical outcomes found that the elderly, the poor, and persons with chronic conditions were in better health when covered by fee-for-service plans compared with a control group covered in HMOs (Ware et. al., 1996). New statistics released in Washington, DC by the American Medical Association and the Robert Wood Johnson Foundation revealed the direct costs of individuals with chronic conditions account for 75% of philosophize medical expenditures in the United States (Hoffman & Rice, 1996; based upon the National Medical Expenditures Survey; raw data available on CD from the Department of Health and Human Services Washington, DC). 45% of the American population suffers from at least one chronic illness.
If managed healthcare has been found to deliver inadequate care to this population, then we are looking at 100 million individuals who are potentially facing personal and financial crisis as they are moved into managed care. The public already accounts for the largest payment of direct medical expenditures, which means the millions of dollars being made by for-profit insurance companies are not being circulated into the economy to assist in public health costs care. The industry made a 14.8% profit in the 3rd quarter of 1996, however these medical dollars were removed from health care and used to fatten the pockets of CEO’s and majority stockholders (Healthline, 1996).
Based upon a new report from the Robert Wood Johnson Foundation, the shriek costs for persons with chronic conditions represent 69.4% of national expenditures in personal health care (Robert Wood Johnson Foundation, 1996). Their grunt medical costs are estimated at $4672.00 annually compared with $817.00 annually for individuals with acute illness (Hoffman & Rice, 1996; based upon National Medical Expenditures Survey 1987, not adjusted for inflation). This population is the most vulnerable to complications in their health and with their source of payment. Large insurance companies only provide adequate coverage for acute illness (Donelan et al., 1996; Hoffman et. al, 1996).
Medicaid Managed Care
Following Tennessee’s lead, many states have enrolled their medically indigent populations in Medicaid Managed Care Organizations (MCOs). In Daniels v. Wadley, (926 F. Supp. 1305), the court held that TennCare violated the Due Process Clause of the Fourteenth Amendment since such procedures eliminate delicate hearings and independent medical review of disputes. The court found the pattern of routine denials of care by MCOs participating in the states TennCare program to violate the Medicaid Act since it compounded the problem of institutionalized waiting periods for medical appeals pending independent review by the Medical Review Unit (MRU), (42 U.S.C. § 1396 (a)(8)).
Furthermore, the court ordered federal injunctive protection to participants and beneficiaries because no state law may preempt federal law by depriving individuals of their constitutional rights. The Department of Health and Human Services (HHS) was ordered to revise its utilization review procedures for TennCare recipients in keeping with the Medicaid Act (42 U.S.C. § 1396 (a) (8)) ensuring due process protections for all covered beneficiaries by requiring “services are provided with ‘reasonable promptness,’” (926 F. Supp. 1305).
This case is one of 543 civil suits pending in the state courts for violations of the Medicaid Act (based upon a Lexis-Nexis search performed December 26, 1996). With the passing of H.R. 3507 into public law, (The Welfare Reform Bill) private citizens will find little reprieve in the federal courts, so any attempts to hold states accountable for violations of federal law will be feeble at best (Denkeret. al., 1996).
Managed care has shown itself to be a farce of “medical management” in light of all the condemning evidence to the contrary. Timothy Icenogle, a medical doctor in the state of Arizona commented in 1981, “We play sort of an advocacy role. I think the public demands something more from physicians than to just be a blob of bureaucrats, and I judge we have to take a stand now and then. Our role essentially as patient advocate, is to tell them, well, just because the insurance company is not going to pay, that is not the end of all the resources,” (Icenogle, as cited in Gutmann & Thompson, 1996). Never has this statement been needed more than it is today. Unfortunately, as more insurance companies refuse to pay for medical treatment, fewer resources become available for patients in desperate need of financial assistance.
As Judge Kessler eloquently stated as she handed down her decision in Salazar v. District of Columbia, No. 93-452, December 11, 1996, “gradual every fact found herein is a human face and the reality of being poor in the richest nation on earth, (936 F. Supp. Slip op. At 3).
Perhaps most distressing is the lack of accountability for mismanaged healthcare and improper denials of medically necessary treatment. HMOs claim immunity under ERISA, and leaving individuals without recourse in a sea contractual language and lengthy court calendars. It is evident that individuals protected under the Medicaid Act are not fundamentally different from other populations entrapped in the maze of managed care. They are simply those who have “had their day in court.”
Due Process Protections
Since all Americans are theoretically entitled to due process protections under the constitution of the United States, it seems the federal courts are long overdue for making such a public statement. We are wasting precious time and losing millions in valuable human resources as we await decisions to be handed down from location courts. The Supreme Court of the United States has agreed to hear New York’s request for an ERISA (Employee Retirement Income Security Act of 1985) waiver, making health maintenance organizations liable for medical malpractice in the situation of New York.
When HMOs deny care from patients, it is ludicrous to acquire individual physicians liable for the utilization decisions made by decentralized corporate review boards. It is time to take a serious notice at tort reform, and demand action by the Supreme Court as they approach the date of Unique York’s ERISA hearing. A blanket court ruling upholding Daniels v. Wadley, and Salazar v. District of Columbia is desperately needed to avoid an avalanche of liability suits filed in state courts. The court must uphold Daniels v. Wadley, and Salazar v. District of Columbia if further lives are to be saved in medicine rather than wasted away in the utilization review procedures. While we wait patiently for District of Columbia circuit court to order injunctive relief, the number of individuals suffering irreparable harm due to the systematic denial of medical care grows larger each day.
The history of Medicaid Managed Care does not provide a very optimistic leer into the future of TennCare recipients and Medicaid beneficiaries in states around the country. Dating back to the implementation of the Arizona Health Care Cost Containment System (AHCCCS) in 1981, there are documented cases where “people reportedly died for lack of medical treatment before their eligibility was determined,” (Varley, as cited in Gutman & Thompson, I 996). This leaves me to wonder why the states continue to enroll their most vulnerable populations into a system of managed care that has proven to be a grief.
Perhaps pleasant of comment is that Arizona is the only state to have voted Republican in every election since 1948—certainly provides insight into the conservative morale of the state. Although Arizona was the last state to accept the Medicaid cost sharing incentive proposed by the federal government in 1966, it was the first state to force its medically indigent population into managed care in 1981.
Violating Federal Law
Rigid pre-certification requirements and nonspecific utilization review procedures station strategic barriers to access medical treatment and services in Health Maintenance Organizations (HMOs). Pre-certification requirements are strategic barriers incorporated into the “black box” of utilization review that institutionalizes exclusionary waiting periods and routine denials of medically indispensable treatment. According to federal law, “care and services are to be provided in a manner consistent with the simplicity of administration and the best interests of recipients,” (42 U.S.C. § I 396a (a) (19)). Clearly, such rigid pre-certification requirements that complicate administrative processing and paperwork on the part of the enrolled beneficiaries is a violation of United States Code.
Furthermore, using necessary care providers as a mechanism to limit access to specialists not only complicates administrative processing, but limits enrolled beneficiaries choice of health professionals beyond what is available to the general public in the geographic place (42 U.S.C. § 1 396a (a)(30)(A)). Certainly referral procedures do not “assure that recipients will have their choice of health professionals within the plan to the extent possible and appropriate,” (42 U.S.C. § 434.29). Under this provision, it seems that any individual, especially those with chronic health conditions or disabilities should be allowed to determine a primary care provider with more expertise than a nurse practitioner. I will argue that a neurologist is more familiar with the unique needs of a patient with Multiple Sclerosis than a nurse practitioner is with little to no knowledge specific to the medical management of degenerative
Under the Medicaid Act of 1966, covered beneficiaries may appeal any utilization review decision which denies care or limits services. The Medicaid Act gives individuals the legal to a fair hearing in front of an impartial independent Medical Review Unit (MRU). Furthermore, the Medicaid Act clearly states that medical services for a Medicaid beneficiary may not be terminated until the said beneficiary receives such a hearing
Conclusion
The country as a whole must realize what Judge Kessler told her courtroom. Her words are certainly words I will not forget—certainly worth being quoted at length:Patients are routinely being denied medical care– and being forced into a system that incorporates long waiting periods into their physician contracts and handbooks (Green, 1996). The private for-profit insurance industry has single-handedly undermined the solidarity principle of health insurance by using strict underwriting techniques, ridiculous treatment protocols; inconsistent definitions of chronic illness and rigid utilization review procedures unavailable to the consumer; and inconsistent definitions of “chronic illness” and “emergency” (Dallek, 1996). It is an industry which justified using sexual orientation to avoid covering AIDS patients, calling such methods “actuarially sound.” The privatization of a public good has removed millions of dollars from the healthcare marketplace with “medical loss ratios” of 57% compared to 85% in the traditional health insurance market
“This case is about people—children and adults who are sick, bad, and vulnerable—for whom life, in the memorable words of poet Langston Hughes, “ain’t been no crystal stair”. It is written in the dry and bloodless language of “the Iaw”—statistics, acronyms of agencies and bureaucratic entities, Supreme Court case names and quotes, official governmental reports, periodicity tables, etc. But let there be no forgetting the proper people to whom this bloodless language gives voice: anxious working parents who are too abominable to obtain medications or heart catheter procedures or lead poisoning screening for their children, AIDS patients unable to acquire treatment, elderly persons suffering from chronic conditions like diabetes and heart disease who require constant monitoring arid medical attention. Behind every fact found herein is a human face and the reality of being poor in the richest nation on earth." (Slip op. At 3). -Judge Gladys Kessler, December 11, 1996.
Although a slim part of the general public is unable to obtain health insurance coverage due to a preexisting condition, the more critical issue remains the cost of coverage. The cost of medical care will remain an issue since recent legislative efforts evade the issue. Recent changes in the delivery of health services is of grave concern and different options must be considered in order to find more effective ways to provide public and private assistance—MANAGED CARE IS NOT THE ANSWER!!! FOR-PROFIT HEALTH CARE IS NOT THE ANSWER! PRIVATIZATION IS NOT THE ANSWER!
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Blumstein, J. F. (1996). The fraud and abuse statute in an evolving health care market Life in the health care speakeasy. American Journal of Law and Medicine,22(2), 205-231.
Bunis, D. (1996, July 16). Sweeping changes for health care: What it means to you. Long Island Newsday, pp. A6, A53.
Chartland, S. (1996, April 28). The changing game of health insurance. The Current York Times [On-line. Available: http://www.nytimes~com/
College of Physicians and Surgeons at Columbia-Presbyterian Medical Center Office of Public Relations. (1996, July 25) Press Release: Current York's Ivy League Medical Schools articulate first of its kind affiance.
Clymer, A. (1996, August 1). Accord reached on expanding worker's health benefits. The New York Times [On-line] Available: http://www.nytimes.com/yr/mo/day/pOlitic5/healthbffl.htmI
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Davis, K., & Shoen, (1996, March). Health services research and the changing health care system. Unusual York: The Commonwealth Fund. Available: http://www.cmwf.org/
Donelan, K., Blendon, R. J. Hill, C.A., Hoffman, C., Rowland, D., Frankel, M., Altman, D. (1996). Whatever happened to the health insurance crisis in the United States? Journal of the American Medical Association,276(16), 1346-1350.
Durant, E.D. (1996). The New York Health Reform Act of 1996: Costs of Exclusion. (Unpublished).
Employee Benefit Research Institute. (1992). Sources of health insurance and characteristics of the uninsured. (Issue Brief No. 123). Washington, DC. Available: http://www.ebri.org/
Families USA (1996, July). HMO Consumers at risk: States to the rescue. Washington, DC: Families USA. Available: http://epn.org.families/farisk.html
Families USA (1996, June 7). New York managed care legislation: A model for other states. Washington, DC: Families USA. Available: http://epn.org/families/fastat.html
Families USA (1996, August). Kassebaum-Kennedy health insurance bill clears congress: Medicaid Saving Accounts diminutive to demonstration program. Washington, DC: Families USA. Available: http://epn.org/families/fakeka.html
Fein, E. B. (1996, July 5). For-profit hospitals: Once unthinkable, now probably inevitable. The New York Times, [On-line]. Available: http://www.nytimes.com/
Freudenheim, M. (1996, July 16). Grading becomes stricter on health plans. The Fresh York Times. [On-line]. Available: http://www.nytimes.com/sectionS/bUSiness
Health Care Portability and Accountability Act of 1996, Pub. L. No. 104-191 (1996).
Hoffman, C., Rice, D.R., & Sung, H.Y., (1996). Persons with chronic conditions: Their prevalence and costs. Journal of the American Medical Association,276,1473-1479.
Holusha, J. (1996, August18). For doctors togetherness is the new way of life. The Unique York Times [On-line]. Available: http://www.nytimes.com/Cp960818.htfl1l
Levinson, M. (1996, June 26). As Blue Cross and Blue Shield head into the for-profit sector, it is helping to start the biggest gold rush since Sutter’s Mill. U.S.New [On-line]. Available: http:/ / www.usnews.com/
Levy, C. J. (1996, July 2). New era in Modern York hospital-rate plan. The New York Times, pp. Al.Malpractice law evolves under managed care. Paper presented at the conference, Emerging Liability Issues in Managed Care, sponsored by the Robert Wood Johnson Foundation’s Improving Malpractice Prevention and Compensation Systems (IMPACS) program, October, 1995.
Market competition and the health care safety collect. States of Health, (December, 1996) Washington, DC: Families USA. Available: http://epn.org/families/safeflet/html
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Metcalf, E. (1996, September 6). Columbia and Cornell plan alliance—2,800 physicians strong.. Columbia University Spectator, p.1.
Metcalf, E. (1996, September 27). Columbia/Cornell MD’s Ally. Columbia University Record, p. 1.
Nasr, H. (1996, July 31). Major university hospitals to merge. Columbia University Spectator, pp. 1,8.New York Health Reform Act of 1996, NY AB 11330.
Pear, R. (1996, May 26). Two trends collide: The rise in travel and of local HMOs. The New York Times [On-line]. Available: http://www.nytimes.com/
Perrin, E. C., Newacheck, P., Pless, B. I. Drotar, D., Gortmeaker, Steven, L., Leventhal, I., Perrin, J.M.,
Stein, R.E., Walker, D.E. Weitzman, M. (1993). Issues involved in the definition and classification of chronic health conditions. Pediatrics, 91(4), 787-793.
Robert Wood Johnson Foundation (December 1995). HealthTracking: HMOs and US health care. Available: http://rwjf.org/
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Robert Wood Johnson Foundation (December 1995). Health Tracking: HMOs and US health care. Available: http://rwjf.org/
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Rosenthal, E. (1996, July 2). Two more hospitals run to join forces: Beth Israel-Long Island Jewish Merger to do far-flung empire. The New York Times, p. B3.
Rosenthal, E. (1996, July 15). Patients say NY 1-IMOs don’t deal well with complex illnesses. The New York Times, p. Al.
Schiff, G. S. (1996, March 16). Managed care issues. Physicians for a National Health Plan. Available: pnhp@aol.com -
Selby, J. V., Fireman, B. H., & Swain, B.E. (1996). Effect of a copayment on use of the emergency department in a health maintenance organization. New England Journal of Medicine, 334,635-641.
Shaw, T. (1996, March 25). Dole’s bad medicine: health reform concept would raise costs, hurt quality. USAToday, [On-line]. Distributed by the National Center for Policy Analysis.
Smolowe, J., Perman, S., & Van Tassel,J. (1996, April 15) A healthy merger? A huge deal makes Aetna the country’s largest health-care company. Time Magazine,14(16).
Spragins, E. (1996, September 24). Special Report America’s best 1-IMOs: Rating the top managed care companies. Newsweek, pp.58-63.
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Taylor, H. (1996, July 16). Health care capitalism remakes a city’s health system. The Albany Times [On-line]
Toim L (1996 July 31) Local 2110 loses its benefits Columbia University Spectator, pp 1-5
Van Duzer, K., & Nasr, H. (1996,July 31). Nurses reject final hospital’s offer, strike possible. Columbia University Spectator, pp. 1,8.
Ware, J.E., Bayliss, M.S., Rogers,W.H., Kosinski, M., Tarlov, A.R. (1996). Differences in 4-year health outcomes for elderly, dreadful, and chronically if patients treated in HMO and Fee-for-Service systems: Results form a medical outcomes study. Journal of the American Medical Association. L 1039-1047.
Williams, R. M. (1996). The cost of visits to emergency departments. New England Journal of Medicine, 334 642-646
Wines, M., & Pear, R. (1996, July 30). The President finds earn advantage from failure of health-care effort. The New York Times [On-line]. Available: http://www.nytimes.cOm/web/dOcsroot/library/Politics/0730editon.html
62,000 COPIES OF THIS ARTICLE THAT ~I~ WROTE WERE DISTRIBUTED AND USED TO ADVERTISE HEALTH INSURANCE PLANS ONLINE.
THEY DID NOT EVEN NOTIFY ME! DID I GET PAID? NO.
DID THEY REFERENCE THE ORIGINAL POST OR MY NAME OR GIVE ME ANY ROYALTIES? NO.
THEY SUCK. I DESERVE TO BE PAID FOR MY HARD WORK-- BECAUSE LIVING ON $664 / MONTH IS NOT EASY.
CEASE & DESIST. [AND GIVE ME SOME $$]
THEY STOLE OF MY BLOG AT OFA: I WROTE THEARTICLE IN LAW SCHOOL THAT WAS IN 1996: LOOK HOW FAR WE'VE COME?
http://my.barackobama.com/page/community/post/elyssadurant/gGMP3Q
http://thepowersthatbeat.blogspot.com/2010/06/this-takes-nerve-using-my-story...
ASSHOLES
Saturday, January 22, 2011
Reality Bytes: Change We Need: Mentor A Child
Change We Need: Mentor A Child
"I am not too proud to beg for a job or take some free advice if it will help me to get from here to there. I need someone, anyone, willing to give me a chance to prove myself. I need someone to invest in me!I believe I deserve more out of life than this, and I think that if you knew me, you would think so too. Help become the person I was meant to be. Try to the see the person I could become. I have so much to contribute, but few resources get there. All I want is a chance. All I need is a mentor. Will someone please take the time to invest in me?" -Elyssa Durant, December 16, 2008
From my recent publication:
Morally Bankrupt: How Much Am I Worth?
Help me become the person I was meant to be. Try to the see the person I could become. I have so much to contribute, but few resources get there. I believe I deserve more out of life than this, and I think that if you knew me, you would think so too.
View more »
Posted by Elyssa
http://darknightdurant.blogspot.com/2008/12/change-we-need-mentor-child.html
The Powers That Beat: Health Economics: Free Market for a Public Good? --> CLICK TO CALL CONGRESS FOR FREE
Health Economics: Free Market for a Public Good?
I have a serious problem with the most recent health reform effort. Asking or expecting the health industry to reduce costs through self-regulation without accountability is simply ridiculous.
Health care is already completely self-regulated and controlled. A person does not have free choice when choosing a provider. Due to an unholy alliance of provider networks, insurance underwriters, pharmaceutical conglomerates and private for profit hospital corporations such as HCA.
By negotiating with providers and developing one-size-fits-all prescription formularies and treatment protocols, we remove the ability for the consumer to make independent informed decisions about the value of various treatment options.
We rely upon one the ratings of physicians who have self-interest in controlling access and information to accurate information through their reliance upon Certification and Licensing Boards. By limiting access into the profession, health care costs are inflated and it is near impossible for the consumer to determine the fair value of a health care service.
Second, the consumer is far removed from the negotiating process, so we do not have a good sense of the fair, free market value of one particular service in comparison to another. All you need to do is look at any EOB (explanation of benefits) report for your last trip to the hospital.
Billing codes are used and assigned through various service departments and the insurance carrier then decides which services are covered and at what rate. They use the terms like “Reasonable and Customary Rates” and then choose to pay 80% of that. Therefore, by definition, that 20% must be built in to the billing rates to adjust for the actual (and expected) rate of reimbursement.
Such complicated billing procedures and methods are so complicated and technical that the end recipient of services (the consumer) really has no idea if an X-ray costs $90 or $73. Add into that a separate fee for the radiologist, and sometimes a charge just to use the facility, and even smart people find it difficult to understand.
The bills are then processed by an insurance adjuster who must determine primary and secondary (supplemental) plans and determine who is responsible for what, the end cost and intricate design is truly “priceless.”
Good luck to those people who actually purchased supplemental plans they saw advertised on TV, you have been duped. Giving people (especially the infirm and the elderly) a false sense of security is unfair and unjust.
Without regulation, intervention and enforcement, many people will continue to believe they are prepared and protected from that ultimate for “just in case” scenario that results in major, catastrophic medical loss.
The administrative cost alone on the part of the “Responsible Party” is probably more costly than the initial service they received at whatever hospital for whatever condition.
You cannot apply basic economic theory and free market principles to health care. Health care is fundamentally different and should be considered a public good.
Elyssa Durant, Ed.M.
Nashville, TennesseePosted by Elyssa D'Educrat
http://thepowersthatbeat.blogspot.com/2009/05/dear-congress.html

2 comments:
Right on. It just never stops.
Great post - very disturbing what passes for "reform" these days.